CTNF 18/251,566 CTNF 84631 030 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-27 AIA 2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE 10 2020 128 958.8 , filed on 03 rd , Nov. 2020 . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA 3. Claim(s) 14-18 and 20-26 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ohlendorf et al. (US Patent/PGPub. No. 20190258930) . Regarding Claim 14, (New) Ohlendorf et al. teach a computer-implemented method ([ 0048 ], FIG. 1 , i.e. program code … method step of calculating the predicted subjective refraction data ) for determining individual biometric parameters ([ 0048 ], FIG. 1 , i.e. pupil diameter … in addition to the objective refraction data ) of at least one eye of a user ([ 0048 ], FIG. 1 , i.e. the eye ) , comprising: providing individual standard data ([ 0009 ], FIG. 1 , i.e. objective refraction data ) of the user, the standard data including prescription data including a distance prescription ([ 0009 ], FIG. 1 , i.e. conventional notation of sphere, cylinder, and axis (Please note that Applicant’s specification [0019] defines “distance prescription” as “composed of the parameters sphere (Sph), cylinder (Cyl), and axis”)) and/or a near prescription of the at least one eye of the user (i.e. alternative limitation(s) omitted) ; and calculating individual additional data ([ 0024 ], FIG. 1 , i.e. calculates the predicted subjective refraction data ) including at least one individual biometric parameter of the at least one eye ([ 0029 ], FIG. 1 , i.e. processing objective refraction data in the form of … aberrations (Please note that Applicant’s specification [0036]-[0037] defines “additional data” as “other aberrations”)) of the user based on ([ 0024 ], FIG. 1 , i.e. calculates the predicted subjective refraction data … of the eye from the objective refraction data of the eye ) the individual standard data (i.e. please see above citation(s)) and using a statistical model ([ 0027 ], FIG. 1 , i.e. In the classification model, the classes of subjective refraction data … discrete values for sphere, cylinder, and axis; [ 0031 ], FIG. 1 , i.e. regression model or classification model (Please note that Applicant’s specification [0045] defines “statistical model” as “statistical methods are regression … classification methods”)) describing a relation ([ 0027 ], FIG. 1 , i.e. there is an assignment of objective refraction data as the elements or the data objects to subjective refraction data as classes) between the standard data and the additional data (i.e. please see above citation(s)) , wherein the statistical model (i.e. please see above citation(s)) has been derived using statistical analysis of a training data set ([ 0032 ], FIG. 1 , i.e. trained model , i.e., the nonlinear multidimensional function ) with a plurality of reference data sets ([ 0035 ], FIG. 1 , i.e. a training data record … in each case comprises ascertained objective refraction data and assigned subjective refraction data (Please note that Applicant’s specification [0054] defines “reference data sets can include … standard data and the additional data” which correspond to objective refraction and subjective refraction data of the prior art)) , each of the reference data sets ([ 0027 ], FIG. 1 , i.e. ([ 0027 ], FIG. 1 , i.e. each assigned to a predetermined class, i.e., respectively one class of subjective refraction data … predict the belonging of objective refraction data ) including standard data and additional data associated with the standard data (i.e. please see above citation(s)) . Regarding Claim 15, (New) Ohlendorf et al. teach the method according to claim 14 (i.e. please see above citation(s)) , further comprising: providing ([ 0065 ], FIG. 2 , i.e. training data are read (block 102) ) the training data set (i.e. please see above citation(s)) ; and deriving the statistical model (i.e. please see above citation(s)) using statistical analysis ([ 0030 ], FIG. 1 , i.e. Examples of conceivable classification methods include: … linear/quadratic discriminant analysis ) of the training data set, wherein the deriving the statistical model (i.e. please see above citation(s)) comprises training an original model ([ 0068 ], FIG. 2 , i.e. if the original training data did not contain pupil diameter data … it is possible to carry out renewed training) using the training data set (i.e. please see above citation(s)) . Regarding Claim 16, (New) Ohlendorf et al. teach the method according to claim 14, wherein the statistical model (i.e. please see above citation(s)) is a linear regression model ([ 0030 ], FIG. 1 , i.e. suitable approaches include a linear regression ) , a nonlinear regression model, a non-parametric, or a semi-parametric regression model (i.e. alternative limitation(s) omitted) . Regarding Claim 17, (New) Ohlendorf et al. teach the method according to claim 14, wherein the statistical model (i.e. please see above citation(s)) is a neural network ([ 0030 ], FIG. 1 , i.e. suitable approaches include … neural networks ) that has been trained ([ 0024 ], FIG. 1 , i.e. regression model or classification model which has been trained ) using the training data set (i.e. please see above citation(s)) . Regarding Claim 18, (New) Ohlendorf et al. teach the method according to claim 14, wherein the standard data (i.e. please see above citation(s)) further includes the addition and/or a pupillary distance (i.e. alternative limitation(s) omitted) and/or a pupil diameter ([ 0034 ], FIG. 1 , i.e. evaluation device can also take account of, in particular, pupil diameter data ) . Regarding Claim 20, (New) Ohlendorf et al. teach the method according to claim 14, wherein the prescriptions (i.e. please see above citation(s)) have been determined using subjective refraction ([ 0010 ], FIG. 1 , i.e. subjective refraction can be used … for determining the correction values of the prescribed spectacles (synonyms: prescription , spectacle values, correction, prescription values) ) . Regarding Claim 21, (New) Ohlendorf et al. teach the method according to claim 14, wherein the additional data included in the reference data sets (i.e. please see above citation(s)) include data that have been recorded with an aberrometer ([ 0012 ], FIG. 1 , i.e. subjective refraction data , can be predicted from results of objective measurements of the aberrations of the eye, which characterize wavefront aberrations of the eye; ([ 0016 ], FIG. 1 , i.e. objective refraction data are determined using … wavefront aberrometer ) , a topographer, a Scheimpflug camera, an OCT, and/or a biometer (i.e. alternative limitation(s) omitted) . Regarding Claim 22, (New) Ohlendorf et al. teach the method according to claim 14, wherein the additional data include: lower and/or higher order aberrations of the at least one of the eyes ([ 0011 ], FIG. 1 , i.e. subjective refraction data … eye from the measurement of objective refraction data … can be made of aberrations of lower and/or higher order ) , and/or anterior chamber depth and/or length of the at least one of the eyes, and/or lower and higher order aberrations of a cornea, and/or lower and/or higher order aberrations of an eye lens, and/or structure of the eye lens and/or curvature of the eye lens and/or thickness of the eye lens, and/or pupil sizes of the user during distance vision and near vision and/or under mesopic and photopic conditions (i.e. alternative limitation(s) omitted) . Regarding Claim 23, (New) a method ([ 0048 ], FIG. 1 , i.e. method step of calculating the predicted subjective refraction data) for manufacturing a spectacle lens ([ 0067 ], FIG. 2 , i.e. prescription for spectacles ) , comprising: determining individual additional data ([ 0009 ], FIG. 1 , i.e. objective refraction data ) including at least one individual biometric parameter ([ 0048 ], FIG. 1 , i.e. pupil diameter … in addition to the objective refraction data ) of the at least one eye of the user ([ 0048 ], FIG. 1 , i.e. the eye ) based on the provided individual standard data ([ 0009 ], FIG. 1 , i.e. objective refraction data ) of the user according to the method according to claim 14 (i.e. please see above citation(s)) ; and calculating the spectacle lens ([ 0067 ], FIG. 1 , i.e. prescription for spectacles … can be created on the basis of these data ) based on the determined individual additional data (i.e. please see above citation(s)) . Regarding Claim 24, (New) a non-transitory computer program product ([ 0040 ], FIG. 1 , i.e. non-transitory storage medium ) which, when loaded into and executed on a memory ([ 0040 ], FIG. 1 , i.e. stored on a suitable medium ) of a computer ([ 0040 ], FIG. 1 , i.e. computer program product ) , causes the computer to carry out the method according to claim 14 (i.e. please see above citation(s)) . Regarding Claim 25, (New) a device ([ 0053 ], FIG. 1 , i.e. evaluation device 1 ) for determining individual biometric parameters ([ 0048 ], FIG. 1 , i.e. pupil diameter … in addition to the objective refraction data ) of at least one of the eyes of a user ([ 0048 ], FIG. 1 , i.e. the eye ) , the device comprising a calculator ([ 0057 ], FIG. 1 , i.e. calculation unit 10 ) designed to carry out the method according to claim 14 (i.e. please see above citation(s)) . Regarding Claim 26, (New) a device ([ 0053 ], FIG. 1 , i.e. evaluation device 1 ) for manufacturing a spectacle lens ([ 0067 ], FIG. 2 , i.e. prescription for spectacles ) , comprising: a device ([ 0053 ], FIG. 1 , i.e. pupil diameter measuring apparatus 3 ) designed to determine individual biometric parameters ([ 0048 ], FIG. 1 , i.e. pupil diameter … in addition to the objective refraction data ) of the at least one eye of the user ([ 0048 ], FIG. 1 , i.e. the eye ) according to claim 25 (i.e. please see above citation(s)) ; and a lens calculator ([ 0057 ], FIG. 1 , i.e. calculation unit 10 ) designed to calculate the spectacle lens ([ 0067 ], FIG. 1 , i.e. prescription for spectacles … can be created on the basis of these data ) based on the calculated individual biometric parameters (i.e. please see above citation(s)) . Response to Argument/Amendment 4. Applicants’ Response to the Preliminary Amendment filed on 07/28/2023 , has been entered and made of record. Claim(s) 1-13 is/are cancelled, and Claims 14 - 26 is/are new. Thus, Claim(s) 14-26 is/are pending in this application . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 5. Claim (s) 19 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03 AIA 6. The following is an examiner’s statement of reasons for allowance: Ohlendorf et al. (US Patent/PGPub. No. 20190258930) teach an apparatus for ascertaining predicted subjective refraction data or predicted subjective correction values of an eye to be examined on the basis of objective refraction data of the eye to be examined is disclosed. The apparatus includes an evaluation device with a calculation unit, which ascertains the predicted subjective refraction data or predicted subjective correction values of the eye from the objective refraction data of the eye with a function. The function is a nonlinear multidimensional function or a family of nonlinear multidimensional functions, which is the result of training a regression model or classification model, wherein the regression model or classification model has been trained on the basis of a training data record, which, for a multiplicity of subjects, in each case includes at least objective refraction data and assigned ascertained subjective refraction data or assigned ascertained subjective correction values. Altheimer et al. (US PGPUB./Pat. No. 9910294) teach a computer-implemented method for calculating or optimizing a spectacle lens for at least one eye of a spectacle wearer. Refraction data of the at least one eye of the spectacle wearer is collected. An individual eye model is defined, wherein the eye model defines at least the topography of a corneal front surface of the at least one eye, position and power of a lens of the eye, and a retina position of the eye such that the eye exhibits the collected refraction data. A first surface and a second surface for the spectacle lens to be calculated or optimized is specified. The path of a main ray through at least one visual point of at least one spectacle lens surface to be calculated or optimized is determined. A spherical wavefront incident on the first surface of the spectacle lens along the main ray is specified. A wavefront in the at least one eye, which results from the spherical wavefront in a surrounding of the main ray due to the power of at least the first and second surfaces of the spectacle lens, the corneal front surface, and the lens of the at least one eye is determined. The at least one spectacle lens surface to be calculated or optimized is iteratively varied until an aberration of the resulting wavefront corresponds to a specified target aberration. The subject matter of the claim(s) that could neither be found/suggested nor obviously combinable in the prior arts of record. The subject matter was a device/method including “…wherein the additional data included in the reference data sets include biometric parameters that are not included in the standard data assigned to the additional data, and/or wherein the additional data included in the reference data sets include biometric parameters that are included in the standard data assigned to the additional data, wherein values of the standard data and the additional data assigned to this standard data have been recorded with different measurement methods and/or measuring devices.” (Claim 19 ), in combination with the other elements (or steps) of the device or apparatus and method recited in the claims . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH TANG LAM whose telephone number is (571) 270-3704. The examiner can normally be reached Monday to Friday 8:00 AM to 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin K Patel can be reached at (571) 272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VINH T LAM/Primary Examiner, Art Unit 2628 Application/Control Number: 18/251,566 Page 2 Art Unit: 2628 Application/Control Number: 18/251,566 Page 3 Art Unit: 2628 Application/Control Number: 18/251,566 Page 4 Art Unit: 2628 Application/Control Number: 18/251,566 Page 5 Art Unit: 2628 Application/Control Number: 18/251,566 Page 6 Art Unit: 2628 Application/Control Number: 18/251,566 Page 7 Art Unit: 2628 Application/Control Number: 18/251,566 Page 8 Art Unit: 2628 Application/Control Number: 18/251,566 Page 9 Art Unit: 2628 Application/Control Number: 18/251,566 Page 10 Art Unit: 2628 Application/Control Number: 18/251,566 Page 11 Art Unit: 2628 Application/Control Number: 18/251,566 Page 12 Art Unit: 2628